D.C. Act 25-644. Radiation Protection Act of 2024.

AN ACT

To regulate the acquisition, use, and disposition of radiation in the District, to establish licensure, certification, and registration requirements, to authorize the inspection of persons who receive, possess, use, transfer, own, acquire, or operate sources of radiation, to authorize the Mayor to seize, impound, and destroy radiation products, and to take administrative enforcement actions for violations of this act, including the imposition of civil fines, to authorize the Office of the Attorney General to seek civil and criminal penalties for violations of this act, and to authorize the Mayor to issue rules to implement the provisions of this act; and to repeal the District of Columbia Low-Level Radioactive Waste Generator Regulatory Policy Act of 1990.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Radiation Protection Act of 2024".

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Ionizing radiation" means alpha particles, beta particles, gamma rays, x-rays, high-speed electrons, high-speed protons, neutrons, and other particles capable of producing ions.

(2) "Ionizing radiation machine or equipment" means a radiation machine or equipment that is capable of producing ionizing radiation.

(3) "Nonionizing radiation" means electromagnetic radiation, other than ionizing radiation.

(4) "Nonionizing radiation medical machine or equipment" means:

(A) Magnetic resonance imaging equipment;

(B) Ultrasonography equipment; or

(C) Any other radiation machine or equipment used in a clinical healthcare setting that is not capable of producing ionizing radiation, as identified by the Mayor through rulemaking.

(5) "Person" includes corporations, companies, associations, firms, partnerships, societies, and joint stock companies, individuals, and governmental entities; except, that the term shall not include the federal government.

(6) "Radiation" means ionizing radiation and nonionizing radiation; except, that the term shall not include nuclear radiation regulated by the Nuclear Regulatory Commission or a successor thereto.

(7) "Radiation machine facility" means a location, vehicle, building, or complex where an ionizing radiation machine or equipment or a regulated nonionizing radiation medical machine or equipment is installed, located, or used. The term radiation machine facility does not include a location, building, or complex where the only ionizing machine or equipment present is a cabinet x-ray system, metal detector, or other machine or equipment used solely for security screening.

(8) "Radiation machine or equipment" means a device that is capable of producing radiation; except, that the term does not include a device that produces radiation only by the use of radioactive material.

(9) "Radioactive material" means any material, including a solid, liquid, or gas, that emits ionizing radiation spontaneously.

(10) "Radioactive waste" means any non-useful material that is contaminated with radioactive material that emits gamma or beta radiation and registers above normal background levels.

(11) "Supplier" means a person who makes, sells, leases, repairs, lends, transfers, or installs medical or dental x-ray equipment for use in the District.

Sec. 3. Regulation of radiation; licensure, certification, and registration requirements.

(a) Except as otherwise provided in this act, no person shall make, acquire, receive, possess, lease, lend, use, donate, service, transfer, transport, install, or dispose of a source of ionizing radiation, radioactive material, or radioactive waste in the District.

(b)(1) A person shall be licensed, certified, or registered in order to:

(A) Make, acquire, receive, possess, use, transfer, or dispose of a source of ionizing radiation, radioactive material, or radioactive waste in the District;

(B) Operate, receive, possess, use, transfer, own, acquire, or dispose of an ionizing radiation machine or equipment in the District;

(C) Own, operate, or manage a radiation machine facility in the District where an ionizing radiation machine or equipment is installed, located, or used; or

(D) Operate as an ionizing radiation machine or equipment supplier in the District.

(2) Paragraph (1)(B) of this subsection shall not apply to an individual licensed to practice medical radiation technology in a category authorized to operate an ionizing radiation machine or equipment pursuant to Title VIII-G of the District of Columbia Health Occupations Revision Act of 1985, effective July 19, 2024 (D.C. Law 25-191; D.C. Official Code § 3-1208.91 et seq.).

(3) Paragraph (1)(A) of this subsection shall not apply to a solid waste facility permitted pursuant to the Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94; D.C. Official Code § 8-1051 et seq.) ("Solid Waste Act"), if the facility's contact with radioactive waste is unintentional and its handling or disposal of the radioactive waste is consistent with its obligations under the Solid Waste Act.

(c) All ionizing radiation machines or equipment in the District shall be registered with the Mayor.

(d) The Mayor, through rulemaking, may:

(1) Require, and establish standards and procedures for, the licensure, registration, or certification of a person who:

(A) Operates, receives, possesses, uses, transfers, owns, acquires, or disposes of a nonionizing radiation medical machine or equipment; except, that this subparagraph shall not apply to an individual licensed to practice medical radiation technology in a category authorized to operate such machinery or equipment pursuant to Title VIII-G of the District of Columbia Health Occupations Revision Act of 1985, effective July 19, 2024 (D.C. Law 25-191; D.C. Official Code § 3-1208.91 et seq.);

(B) Owns, operates, or manages a radiation machine facility where a nonionizing radiation medical machine or equipment is installed, located, or used; or

(C) Operates as a nonionizing radiation medical machine or equipment supplier;

(2) Require, and establish standards and procedures for, the registration of nonionizing radiation medical machines or equipment;

(3) Establish requirements and standards for the:

(A) Use of ionizing radiation machines or equipment, nonionizing radiation medical machines or equipment, and radioactive material;

(B) Operation of radiation machine facilities; and

(C) Receipt, possession, use, transfer, and disposal of sources of ionizing radiation or nonionizing radiation medical machines or equipment.

(4) Restrict or exclude persons who are unqualified or otherwise fail to observe the provisions of this act or rules issued pursuant to this act from acquiring, receiving, possessing, using, transferring, or disposing of a source of ionizing radiation, radioactive material, radioactive waste, or nonionizing radiation medical machines or equipment;

(5) Establish recordkeeping requirements for purchases, sales, transfers, and disposals of ionizing radiation machines or equipment and nonionizing radiation medical machines or equipment; and

(6) Establish fees for:

(A) The application and issuance of new, duplicate, amended, and renewal licenses, registrations, certificates, and accreditations;

(B) Exemption requests and issuances;

(C) Compliance inspections; and

(D) Such other actions under this act as the Mayor deems appropriate.

Sec. 4. Mayoral enforcement authority.

(a) To protect the health, safety, welfare, or property of individuals or the public from the impacts of ionizing and nonionizing radiation, the Mayor may:

(1) Inspect a facility, operation, machine, or equipment:

(A) Licensed, certified, or registered pursuant to section 3(b) or (c), or pursuant to section 3(d) if licensure, certification, or registration is required by the Mayor through rulemaking;

(B) Possessing or reasonably suspected of possessing a source of ionizing radiation or a nonionizing radiation medical machine or equipment regulated by the Mayor through rulemaking; or

(C) That is otherwise related to a facility, operation, machine, or equipment under inspection;

(2) Inspect records related to a facility, operation, machine, equipment, or person:

(A) Licensed, certified, or registered pursuant to section 3(b) or (c), or pursuant to section 3(d) if licensure, certification, or registration is required by the Mayor through rulemaking;

(B) Reasonably suspected of needing to be licensed, certified, or registered; or

(C) Possessing or reasonably suspected of possessing a source of ionizing radiation or a nonionizing radiation medical machine or equipment regulated by the Mayor through rulemaking;

(3) Conduct examinations and tests:

(A) Of sources of ionizing radiation, radioactive material, or radioactive waste regulated by the Mayor through rulemaking;

(B) Of radiation machines or equipment, including nonionizing radiation medical machines or equipment regulated by the Mayor through rulemaking, or facilities where sources of ionizing radiation are used or stored, radiation detection and monitoring instruments, and other equipment and devices used in connection with the utilization or storage of sources of ionizing radiation; or

(C) To determine exposure to a radiological agent; or

(4)(A) Seize and impound a source of ionizing radiation, radioactive material, radioactive waste, nonionizing radiation medical machine or equipment regulated by the Mayor through rulemaking, or any part thereof ("radiation product"), if it:

(i) Is in the possession of a person who is not licensed, certified, or registered pursuant to section 3(b) or (d) or is not equipped or qualified by training and experience to possess and operate such radiation product;

(ii) Is an ionizing radiation machine or equipment not registered pursuant to section 3(c) or a nonionizing radiation medical machine or equipment not registered if required by the Mayor through rulemaking;

(iii) Is in the possession or control of a person who fails to comply with the requirements of this act or the rules issued pursuant to this act;

(iv) Does not comply with the requirements of this act or the rules issued pursuant to this act; or

(v) Is being used in violation of this act or the rules issued pursuant to this act.

(B)(i) Except as provided in sub-subparagraph (ii) of this subparagraph, the Mayor shall provide written notice and an opportunity to be heard for any seizure or impoundment carried out under the authority of this paragraph consistent with the requirements of subsection (b) of this section.

(ii) If the action giving rise to the seizure or impoundment poses an immediate threat to the health, safety, welfare, or property of individuals or the public the notice and hearing procedures described in subsection (c) of this section shall apply.

(b)(1) If the Mayor determines that a radiation product poses a threat to the health, safety, welfare, or property of individuals or the public, the Mayor shall seize, impound, destroy, or otherwise dispose of the radiation product.

(2) Except as otherwise provided in subsection (c) of this section, the Mayor shall provide written notice and an opportunity to be heard to the owner or person in possession or control of a radiation product that is a threat to the health, safety, welfare, or property of individuals or the public before seizing, impounding, destroying, or otherwise disposing of the product. The notice shall describe the action the Mayor intends to take, the basis for the action, and the right of the respondent to request a hearing. If the identity of the owner or person in possession or control is unknown, the Mayor may:

(A) Leave such notice with any competent person who is at least 18 years of age;

(B) Post the notice at the location where the Mayor intends to take the prescribed action; or

(C) Provide notice by any other reasonable means.

(c)(1) If the Mayor determines that a radiation product poses an immediate threat to the health, safety, welfare, or property of individuals or the public, the Mayor shall, without prior notice or opportunity to be heard, seize, impound, destroy, or otherwise dispose of the radiation product.

(2) The Mayor shall provide written notice to the owner or person in control of the radiation product upon seizing, impounding, destroying, or otherwise disposing of the product. The notice shall include:

(A) A description of the action taken by the Mayor;

(B) The basis for the action;

(C) The right of the respondent to request a hearing; and

(D) The amount the respondent shall pay pursuant to paragraph (3) of this subsection; provided, that the Mayor may issue a separate notice to recover the costs and expenses authorized by paragraph (3) of this subsection, or any portion thereof.

(3) The Mayor may recover up to 3 times the cost and expense incurred for taking action to protect the public from the effects and potential effects of a violation of this act or a rule issued pursuant to this act.

(4) If the identity of the owner or person in possession or control of the radiation product is unknown, the Mayor may:

(A) Leave such notice with any competent person who is at least 18 years of age;

(B) Post the notice at the location where the Mayor took the prescribed action; or

(C) Provide notice by any other reasonable means.

(5) If, after a hearing, it is determined that the Mayor erroneously seized, impounded, destroyed, or otherwise disposed of the radiation product, the Mayor may be ordered to return the property to the owner or person in possession or control or pay the fair market value of the property if it has been damaged or destroyed.

(d)(1) The Mayor may impose civil fines and penalties for any violation of this act, or any rule issued pursuant to this act, pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.) ("Civil Infractions Act"); except, that the Mayor may recover up to 3 times the cost and expense of taking action to protect the public from the effects or potential effects of the violation. Fines and penalties may be imposed for each day that a violation continues.

(2) The adjudication of any fine, penalty, or corrective action imposed under this subsection shall be pursuant to the Civil Infractions Act.

(3)(A) The notice of infraction may require the respondent to take action to correct a violation of this act or a rule issued pursuant to this act, or to cease conduct that violates this act or a rule issued pursuant to this act.

(B) If the notice of infraction requires the respondent to take corrective action, the notice of infraction shall, in addition to the information required by section 201 of the Civil Infractions Act (D.C. Official Code § 2-1802.01), include:

(i) A statement that the respondent's conduct violating the act or rule must cease, or that the respondent must take action to correct the violation;

(ii) The date and time by which the respondent must cease the violating conduct or take the corrective action;

(iii) A statement that if the respondent fails to comply with the notice or fails to request a hearing within the stated time, the Mayor may:

(I) Take action to protect the public from the effects and potential effects of the violation; and

(II) Recover up to 3 times the cost and expense of taking action to protect the public from the effects or potential effects of the violation.

(4) The Mayor may cause to be entered any final order or agency decision issued under this subsection requiring a person to take corrective action or to pay fines, penalties, or costs as a judgment against the person in the Superior Court of the District of Columbia. The Mayor may enforce the judgment in the same manner as any other civil judgment may be enforced under District law.

(5) Any person adversely affected or aggrieved by a final order of the Mayor issued pursuant to this subsection may, after exhaustion of all administrative remedies, appeal the order to a court of competent jurisdiction.

(e)(1) If the Mayor determines that a violation of this act or a rule issued pursuant to this act poses an immediate threat to the health, safety, welfare, or property of individuals or the public, the Mayor may issue an immediate compliance order or an immediate cease and desist order without first issuing a notice of infraction or opportunity to be heard, or may seek a temporary restraining order, in order to require a person to correct a violation of this act or a rule issued pursuant to this act.

(2) A compliance order or cease and desist order issued under this subsection shall be effective upon issuance and shall become final unless the person named in the order requests a public hearing within 72 hours after the order is served. If requested, the Mayor shall hold a hearing within 15 days from the date the hearing request is received and shall issue a decision no later than 15 days after the hearing.

(3) Notwithstanding section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code 22-3571.01), any person who fails to comply with a final compliance order or a final cease and desist order issued pursuant to this subsection shall be liable for a civil penalty of not more than $25,000 for each day of noncompliance.

Sec. 5. Entry and administrative warrant procedures.

(a) For the purpose of conducting any of the authorized actions in section 4, the Mayor may enter upon and into any building, facility, establishment, or property during all reasonable hours; provided, that if an owner or tenant of the building, facility, establishment, or property does not give permission to enter that portion of the premises under the tenant or owner's exclusive control, the Mayor shall not enter that portion of the premises unless the Mayor has:

(1) A valid administrative search warrant issued pursuant to subsection (c) of this section that permits the entry for the prescribed action; or

(2) A reasonable basis to believe that exigent circumstances require immediate entry into that portion of the premises to prevent an immediate threat to the health, safety, welfare, or property of individuals or the public.

(b) The Mayor may apply to a judge of the District of Columbia for an administrative search warrant to enter any premises for any action authorized by section 4.

(c) A judge may issue the warrant if the judge finds that:

(1) The Mayor is authorized or required by law to conduct the described action;

(2) The Mayor has demonstrated that the action is sought as a result of:

(A) Evidence of an existing violation of this act or a rule issued pursuant to this act; or

(B) A general and neutral administrative plan to conduct periodic inspections or examinations relating to the issuance or renewal of a license, certification, or registration under section 3(b) or (c), or section 3(d) if licensure, certification, or registration is required by the Mayor through rulemaking;

(3) The owner, tenant, or other individual in charge of the property has denied access to the property, or, after making a reasonable effort, the Mayor has been unable to contact any of these individuals; and

(4) The action is sought to protect the health, safety, welfare, or property of individuals or the public.

Sec. 6. Criminal and civil enforcement by the Office of the Attorney General.

(a)(1) Any person who knowingly violates any of the provisions of this act, or the rules promulgated pursuant to this act, shall be punished by a fine not to exceed $25,000, or imprisonment not to exceed one year.

(2) Prosecutions for violations of this subsection shall be brought in the Superior Court of the District of Columbia by the Attorney General.

(3) The fine set forth in this subsection shall not be limited by section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code 22-3571.01).

(b) The Mayor may request that the Attorney General:

(1) Commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court, to enforce this act or rules issued pursuant to this act; or

(2) Institute a court action for injunctive relief, damages, or civil penalties, or to recoup corrective action costs, if a person fails to comply with a final compliance order or cease and desist order within the time period specified in the order.

Sec. 7. Exemptions.

(a) A person may submit a request for an exemption from a requirement within section 3, which shall include explanations of how complying with section 3 would result in unnecessary hardship or practical difficulty to the applicant and why the public health and welfare would not be endangered or the public interest would be served by the exemption.

(b) The Mayor may grant an application for exemption, in whole or in part, by:

(1) Publishing notice of the proposed exemption for a 30-day period for public comment and explaining why enforcement of the section 3 requirement would result in unnecessary hardship or practical difficulty to the applicant, and why the public health and welfare would not be endangered or the public interest would be served by the exemption; and

(2) After the public comment period has closed, publishing the approved exemption, including a description of any differences between the approved exemption and initially proposed exemption, and responses to any public comments received during the comment period.

Sec. 8. Rulemaking.

The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.

Sec. 9. Transfers; continuation.

(a) All functions, authority, programs, positions, personnel, property, records, and unexpended balances of appropriations, allocations, or other funds available to the Department of Health for the purposes of carrying out the District of Columbia Low-Level Radioactive Waste Generator Regulatory Policy Act of 1990, effective March 7, 1991 (D.C. Law 8-226; D.C. Official Code § 8-1501 et seq.), are transferred to the Mayor.

(b) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Department of Health transferred to the Mayor under subsection (a) of this section shall continue in effect according to their terms until lawfully amended, repealed, or modified.

Sec. 10. The District of Columbia Low-Level Radioactive Waste Generator Regulatory Policy Act of 1990, effective March 7, 1991 (D.C. Law 8-226; D.C. Official Code § 8-1501 et seq.), is repealed.

Sec. 11. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 12. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 13. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).